Modifications etc. (not altering text)
C1Sch. 5 amended by S.I. 1990/696, art. 2
4(1)This Part of this Schedule applies to any transaction entered into by the listed institution—
(a)as principal (or as agent for another listed institution) with an unlisted person (whether acting as principal or agent);
(b)as agent for an unlisted person with a listed institution or the Bank of England (whether acting as principal or agent); or
(c)as agent for an unlisted person with another unlisted person (whether acting as principal or agent),
if the transaction falls within paragraph 2 or 3 above and the conditions in paragraph 5 or, as the case may be, paragraph 7 below are satisfied.
(2)In this Part of this Schedule and in Part III below “unlisted person” means a person who is neither a listed institution nor the Bank of England.
5(1)In the case of a transaction falling within paragraph 2 above the conditions referred to above are as follows but subject to paragraph 6 below.
(2)The consideration for a transaction in respect of an investment falling within paragraph 2(2)(a), (b), (c) or (e) above must be not less than £100,000.
(3)The consideration payable on subscription in the case of an investment falling within paragraph 2(2)(d) must not be less than £500,000.
(4)The value or price of the property in respect of which an option within paragraph 2(2)(f) above is granted must not be less than £500,000.
(5)The price payable under a contract within paragraph 2(2)(g) above must be not less than £500,000.
(6)The value or price the fluctuation in which, or the amount the fluctuation in the interest on which, is relevant for the purposes of a contract within paragraph 2(2)(h) above must not be less than £500,000.
(7)In the case of an option falling within paragraph 2(2)(i) above the condition in sub-paragraph (4), (5) or (6) above, as the case may be, must be satisfied in respect of the investment to which the option relates.
6The conditions in paragraph 5 above do not apply to a transaction entered into by the listed institution as mentioned in paragraph (a), (b) or (c) of paragraph 4(1) above if—
(a)the unlisted person mentioned in paragraph (a) or (b) or, as the case may be, each of the unlisted persons mentioned in paragraph (c) has in the previous eighteen months entered into another transaction in respect of an investment specified in paragraph 2(2) above;
(b)those conditions were satisfied in the case of that other transaction; and
(c)that other transaction was entered into by that person (whether acting as principal or agent) with the listed institution (whether acting as principal or agent) or was entered into by that person through the agency of that institution or was entered into by him (whether acting as principal or agent) as a result of arrangements made by that institution.
7In the case of a transaction falling within paragraph 3 above the condition referred to in paragraph 4 above is that the consideration for the sale or transfer must be not less than £100,000.
8The monetary limits mentioned in this Part of this Schedule refer to the time when the transaction is entered into; and where the consideration, value, price or amount referred to above is not in sterling it shall be converted at the rate of exchange prevailing at that time.